BILL NUMBER: SB 1736	CHAPTERED  09/01/00

	CHAPTER   284
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 8, 2000
	AMENDED IN SENATE   MAY 23, 2000
	AMENDED IN SENATE   APRIL 25, 2000
	AMENDED IN SENATE   APRIL 6, 2000
	AMENDED IN SENATE   APRIL 3, 2000

INTRODUCED BY   Senator Rainey
   (Coauthor:  Senator Speier)

                        FEBRUARY 23, 2000

   An act to add Sections 27521 and 27521.1 to the Government Code,
to amend Section 102870 of the Health and Safety Code, and to amend
Section 14202 of the Penal Code, relating to unidentified corpses.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1736, Rainey.  Unidentified bodies and human remains:
coroners.
   Existing law requires a coroner to conduct a postmortem
examination or autopsy under certain circumstances and, under all
other circumstances, permits a coroner, at his or her discretion, to
take possession of the body and make or cause to be made a postmortem
examination or autopsy.  Existing law also authorizes a coroner or
medical examiner to engage the services of a dentist to assist in the
identification of a body or human remains.
   This bill would require any postmortem examination or autopsy
conducted at the discretion of a coroner upon an unidentified body or
human remains to include specified procedures, including a dental
examination, and the preparation of a final report of investigation
containing specified information for submission to the Department of
Justice.  These procedures would also include a prohibition on the
cremation or burial of an unidentified deceased person until
specified samples are retained from the remains for possible future
identification, and the retention of those samples for one year after
a positive identification is made, and no civil or criminal
challenges are pending, or indefinitely.
   This bill would also require any law enforcement agency
investigating the death of an unidentified person to report the death
to the department no later than 10 days after the body or human
remains were discovered.  The imposition of this requirement on local
agencies would create a state-mandated local program.
   Existing law requires the Department of Justice to compare and
retain dental examination records that coroners and medical examiners
send to the department.
   This bill would also require the department to compare and retain
the final report of investigation that coroners, under specified
circumstances, send to the department.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 27521 is added to the Government Code, to read:

   27521.  (a) Any postmortem examination or autopsy conducted at the
discretion of a coroner upon an unidentified body or human remains
shall be subject to this section.
   (b) A postmortem examination or autopsy shall include, but shall
not be limited to, the following procedures:
   (1) Taking of all available fingerprints and palms prints.
   (2) A dental examination consisting of dental charts and dental
X-rays of the deceased person's teeth, which may be conducted on the
body or human remains by a qualified dentist as determined by the
coroner.
   (3) The collection of tissue, including a hair sample, or body
fluid samples for future DNA testing, if necessary.
   (4) Frontal and lateral facial photographs with the scale
indicated.
   (5) Notation and photographs, with a scale, of significant scars,
marks, tattoos, clothing items, or other personal effects found with
or near the body.
   (6) Notations of observations pertinent to the estimation of the
time of death.
   (7) Precise documentation of the location of the remains.
   (c) The postmortem examination or autopsy of the unidentified body
or remains may include full body X-rays.
   (d) The coroner shall prepare a final report of investigation in a
format established by the Department of Justice.  The final report
shall list or describe the information collected pursuant to the
postmortem examination or autopsy conducted under subdivision (b).
   (e) The body of an unidentified deceased person may not be
cremated or buried until the jaws (maxilla and mandible with teeth)
and other tissue samples are retained for future possible use.
Unless the coroner has determined that the body of the unidentified
deceased person has suffered significant deterioration or
decomposition, the jaws shall not be removed until immediately before
the body is cremated or buried.  The coroner shall retain the jaws
and other tissue samples for one year after a positive identification
is made, and no civil or criminal challenges are pending, or
indefinitely.
   (f) If the coroner with the aid of the dental examination and any
other identifying findings is unable to establish the identity of the
body or human remains, the coroner shall submit dental charts and
dental X-rays of the unidentified deceased person to the Department
of Justice on forms supplied by the Department of Justice within 45
days of the date the body or human remains were discovered.
   (g) If the coroner with the aid of the dental examination and
other identifying findings is unable to establish the identity of the
body or human remains, the coroner shall submit the final report of
investigation to the Department of Justice within 180 days of the
date the body or human remains were discovered.
  SEC. 2.  Section 27521.1 is added to the Government Code, to read:

   27521.1.  The law enforcement agency investigating the death of an
unidentified person shall report the death to the Department of
Justice, in a format acceptable to the Department of Justice, no
later than 10 calendar days after the date the body or human remains
were discovered.
  SEC. 3.  Section 102870 of the Health and Safety Code is amended to
read:
   102870.  (a) In deaths investigated by the coroner or medical
examiner where he or she is unable to establish the identity of the
body or human remains by visual means, fingerprints, or other
identifying data, the coroner or medical examiner may have a
qualified dentist, as determined by the coroner or medical examiner,
carry out a dental examination of the body or human remains.  If the
coroner or medical examiner with the aid of the dental examination
and other identifying findings is still unable to establish the
identity of the body or human remains, he or she shall prepare and
forward the dental examination records to the Department of Justice
on forms supplied by the Department of Justice for that purpose.
   (b) The Department of Justice shall act as a repository or
computer center, or both, with respect to dental examination records
and the final report of investigation specified in Section 27521 of
the Government Code.  The Department of Justice shall compare the
dental examination records and the final report of investigation, if
applicable, to records filed with the Violent Crime Information
Center (Title 12 (commencing with Section 14200) of Part 4 of the
Penal Code), shall determine which scoring probabilities are the
highest for purposes of identification, and shall submit the
information to the coroner or medical examiner who submitted the
dental examination records and the final report of investigation, if
applicable.
  SEC. 4.  Section 14202 of the Penal Code is amended to read:
   14202.  (a) The Attorney General shall establish and maintain
within the center an investigative support unit and an automated
violent crime method of operation system to facilitate the
identification and apprehension of persons responsible for murder,
kidnap, including parental abduction, false imprisonment, or sexual
assault.  This unit shall be responsible for identifying perpetrators
of violent felonies collected from the center and analyzing and
comparing data on missing persons in order to determine possible
leads which could assist local law enforcement agencies.  This unit
shall only release information about active investigations by police
and sheriffs' departments to local law enforcement agencies.
   (b) The Attorney General shall make available to the investigative
support unit files organized by category of offender or victim and
shall seek information from other files as needed by the unit.  This
set of files may include, among others, the following:
   (1) Missing or unidentified, deceased persons dental files filed
pursuant to this title, Section 27521 of the Government Code, or
Section 102870 of the Health and Safety Code.
   (2) Child abuse reports filed pursuant to Section 11169.
   (3) Sex offender registration files maintained pursuant to Section
290.
   (4) State summary criminal history information maintained pursuant
to Section 11105.
   (5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.5 of the Welfare and
Institutions Code.
   (6) Information furnished to the Department of Justice pursuant to
Section 11107.
   (7) Other Attorney General's office files as requested by the
investigative support unit.
   This section shall become operative on July 1, 1989.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.

